C.I.T vs. SIAL SBEC BIO ENERGY LTD

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ITA/1094/2008HC DelhiDLHC01092019200809 December 2024Bench: HON'BLE THE ACTING CHIEF JUSTICE,HON'BLE MR. JUSTICE TUSHAR RAO GEDELA1 pages
AI SummaryDismissed

What did the High Court hold?

The Delhi High Court dismissed the appeal filed by the Revenue. The Court noted that the tax effect involved in the appeal was below the threshold limit of ₹2,00,00,000/- as per the Circular dated 17.09.2024. Furthermore, the Court observed that the appeal did not fall under any of the exceptions outlined in the circular. Consequently, the appeal was dismissed solely on the ground of low tax effect. No decision was made on the merits of the ITAT's order. The ratio decidendi is that appeals with a tax effect below the stipulated threshold, and not falling under any exceptions, are to be dismissed.

What were the facts?

The Revenue has filed an appeal before the Delhi High Court challenging an order dated 21.11.2007 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No.1099/Del/2006. This order pertains to the assessment year 1999-2000. The appeal was filed by the Commissioner of Income Tax (CIT) against SIAL SBEC BIO ENERGY LTD. The procedural history leading to this appeal is not detailed, other than the ITAT's order being the subject of challenge.

What were the issues?

1. Whether the appeal filed by the Revenue is maintainable given the tax effect involved? The Revenue, through its learned counsel, argued that the tax effect in the present appeal is below the threshold limit of ₹2,00,00,000/- as stipulated in the Circular dated 17.09.2024. The Revenue further contended that the appeal is not covered by any exceptions mentioned in the said circular. The assessee's contentions are not recorded in the judgment.

AI-generated summary — verify with the full judgment below

$~R-39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 1094/2008

C.I.T

.....Appellant Through: Mr. Sanjay Kumar, Sr. Standing Counsel

versus

SIAL SBEC BIO ENERGY LTD

.....Respondent

Through:

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R %

09.12.2024

4.

The Revenue has filed the present appeal impugning the order dated 21.11.2007 passed by the learned Income Tax Appellate Tribunal in ITA No.1099/Del/2006 for the assessment year 1999-2000. 5. At the outset, the learned counsel appearing for the Revenue states that the tax effect involved in the present appeal is below the threshold limit of ₹2,00,00,000/- as stipulated in the Circular dated 17.09.2024 and is not covered by any exceptions as set out in the circular. 6. Accordingly, the present appeal is dismissed on account of low tax effect. ACTING CHIEF JUSTICE

TUSHAR RAO GEDELA, J DECEMBER 09, 2024/ms

Click here to check corrigendum, if any This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/12/2024 at 12:29:16

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